(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.3 no. 21 (2/1/1989)"

( 1^R <F^J/7^^m/./^'3,/^'^"7 



ne 



RECEfVED 
PEB 8 1989 

LAW LiBRARY 



^ 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



FINAL DECISION LETTER 



B 



V, 



PROPOSED RULES 
Agriculture 
Housing Finance 
Insurance 
NRCD 

FINAL RULES 
Revenue 



ISSUE DATE: FEBRUARY 1, 1989 



Volume 3 • Issue 21 • Pages 989-1009 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will topically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
\arious state officials and institutions. The North Carohna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\'ision of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\e Rules Review Commission. Upon ap- 
pro\'al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Cai-oli7ia Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary' rules. A temporary 
rule becomes effecti\'e when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary n 
must begin normal rule-making procedures on the p 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxima 
ly 35% is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Ea 
state agency is assigned a separate title which is fi 
ther broken down by chapters. Title 21 is designal 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per es 
additional page. 

(2) The full publication consists of 52 volum 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00) 
dividual volumes may also be purchased w 
supplement service. Renewal subscriptions 
supplements to the initial publication availal 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrat 
Hearings. 

NOTE 

The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, iss 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur 
suant to Chapter 150B of the General Satutes 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




()/J/cc of Administrative [fciuini;s 

P. (). Dvmvcr 11666 

litilciu'h. \C 2-'6l)4 

(<)I9) 7.;.>' - 26^ S 



Robert A. Mclott, 

Diyector 
James R. Scarcella Sr., 

Deputy Diiecior 
Molly \lasich, 

Director A PA Services 



I. EXECLTrV E ORDERS 

Executive Orders 79-81 989 

II. FINAL DECISION LETTER 

Voting Rights Act 991 

III. PROPOSED Rl LES 

Agriculture 

Markets 992 

Plant Industry' 992 

Veterinary' Division 993 

[ndependent Agencies 
N.C. Housing l-'inancc 
Agency 1000 

In.surance 
Fire and Casualty Di\ision 993 

NRCD 
Wildlife Resources 
Commission 998 



IV. FINAL Rl LES 
Revenue 

Individual Income Tax 
Division.... 1002 



Staff: 

Ruby Creech, 

Pithlicatiniis Coordinator 
Teresa Kilpatrick, 

Editorial A ssi slant 
Jean Shirley, 

Editorial .1 ssi s tan t 



V. CLMLL.AirV'E INDEX 1006 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


t 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++♦♦++++ 


++++++++ 


♦♦♦+♦+♦+ 


++♦+♦+++ 


♦♦♦++++^ 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26,89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03/10/89 


03/17/89 


05/03/89 


08/01/89 


04/14/89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05/15/89 


04 '24/ 89 


05/01 '89 


06/14/89 


09/01/89 


06/01/89 


05/10/89 


05/17/89 


07/01/89 


10/01/89 


06/15/89 


05/24/89 


06/01/89 


07/15/89 


10/01/89 


07/03/89 


06 12/89 


06/19/89 


08/01/89 


11/01/89 


07/14/89 


06.22/89 


06/29/89 


08/13/89 


11/01/89 


08/01/89 


07/11/89 


07/18/89 


08/31/89 


12/01/89 


08/15/89 


07/25/89 


08/01/89 


09/14/89 


12/01/89 


09/01/89 


08/11/89 


08/18/89 


10/01/89 


01/01/90 


09/15/89 


08/24/89 


08/31/89 


10/15/89 


01/01/90 


10/02/89 


09/11/89 


09/18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10/02/89 


11/15/89 


02/01/90 


11/01/89 


10/11/89 


10/18/89 


12/01/89 


03/01/90 


11/15/89 


10/24/89 


10/31/89 


12' 15/89 


03/01/90 


12/01/89 


11/07/89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


01/02/90 


12/07/89 


12/14/89 


02/01/90 


05/01/90 


01/16/90 


12/20/89 


12/29/89 


02/15/90 


05/01/90 


02/01/90 


01/10/90 


01/18/90 


03/03/90 


06/01/90 


02/15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02/22/90 


03/01/90 


04/14/90 


07/01/90 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 



* The "Earliest Effecti\'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date" . that the agency files the rule with The Administrative Rules Review 
Commission by the 2Qlh of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER MMBER 79 

NORTH CAROLINA SMALL BUSINESS 
COUNCIL 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina it 
is ORDERED: 

Executive Order Number 10 dated June 28, 
1985, is amended to read as follows: 

There is hereby established the North Carolina 
Small Business Council. The Council shall be 
composed of at least 20 members with at least 
one member residing in each congressional dis- 
trict. All members shall be appointed by the 
Governor and serve at the pleasure of the Gov- 
ernor. The Governor shall designate one of the 
members as Chairman and one as Vice- 
Chairman. In addition to the minimum number 
of 20, the members shall include representatives 
of the National Federation of Independent Busi- 
ness, N'.C. Retail Merchants Association, the 
United States Small Business Administration and 
North Carolina Citizens for Business and Indus- 
to'. 

The Council shall meet at least once in each 
quarter and may hold special meetings at any 
time at the call of the Chainnan, the Go\'cmor 
or the Secretary' of C'ommcrcc. The members 
of the Council shall receive per diem, reimburse- 
ment for travel and subsistence expenses for their 
services in accordance with State subsistence al- 
lowance. 

The purposes of the North Carolina Small 
Business Council arc: 

(a) To support the Governor's small business 
legislative initiati\cs and to solicit support 
in an effort to effect passage of the initi- 
atives. 

(b) To prepare and present recommendations 
to the Governor and General Assembly 
for changes in statutes, rules and regu- 
lations, including the State tax structure, 
which affect small businesses in North 
Carolina. 

(c) To make recommendations to the Gover- 
nor and General Assembly for new legis- 
lation, agency programVand other actions 
needed to assist small business growth and 
development. 

(d) To assist the Small Business De\cIopment 
Division of the Department of Commerce 
in determinuig the need for programs for 
small businesses in education, training, 
marketing, funding resources, tcclmolog- 
ical assistance and related areas. 



The Council is authorized to conduct interviews 
and solicit non-confidential information to carry 
out the provisions of (a), (b), (c) and (d) above. 

The Small Business Development Division of 
the Department of Commerce shall provide staff 
and support senices for the Council. 

It shall be the responsibility of each department 
or agency head to make every reasonable effort 
for his or her department to cooperate with the 
North Carolina SmaU Business Council to carry 
out the provisions of this Order. 

This Order shaU be effective immediately and 
shall remain in effect until June 30, 1990, unless 
terminated earlier or extended by further Execu- 
tive Order. 

Done in the Capital City of Raleigh, North 
Carolina, this 5th day of January, 1989. 



EXECUTIVE ORDER NUMBER 80 
NORTH CAROLINA DRUG CABINET 



The trafficking and abuse of illegal drugs in our 
society represents a problem so serious and so 
per\'asive that it threatens to undermine all the 
major goals of our State. 

It IS a costly disease which takes its toll in 
wasted education, degraded health and jumbled 
producti\ity, as well as in the criminal activity 
undertaken to pay for it. 

We are still just beginning to come to grips with 
this critical problem. 

To raise this concern to a far higher commit- 
ment, I hereby establish a team of Cabinet rank 
officials to develop and recommend the most ef- 
fective strategy for North Carolina's war on 
drugs. 

THEREFORE, by authority vested in me as 
Governor bv the Constitution and laws of North 
Carolina, if IS ORDERED: 

Section 1. ESTABI ISIIMENT 

There is hereby established the North Carolina 
Drug Cabinet. 

Section 2. MEMBERSHIP 
(a) The Cabinet shall be composed of the fol- 
lowing officials of the State of North Carolina: 
(i) the Lieutenant Governor; 
(ii) the Attorney General; 
(iu) the Superintendent of Public Instruction; 
(iv) the Secretary of the Department of Hu- 
man Resources; 
(v) the Secretary of the Department of Crime 
Control and Public Safety; 



NORTH CAROLINA REGISTER 



989 



EXECUTIVE ORDERS 



(\\) the Secretary' of the Department of 

Commerce; 
(vii) the Secretary of the Department of Cor- 
rection; 
(viii) the Secretary of the Department of 
Transportation. 
(b) The lieutenant Governor shall be Chair- 
man of the Cabinet. 

Section 3. MI-I-yriNGS 

(a) The Cabmet shall meet at such times and 
locations as designated by the Chairman but not 
less than monthly. All members shall attend all 
meetings in person unless prevented from doing 
so by illness or by their otTicial duties having 
priority over their responsibilities as Cabinet 
members, in which case absent members may be 
represented by their designees. 

(b) For the purpose of conducting business a 
quorum of the Cabinet shall consist of six mem- 
bers or their designees. 

Section 4. PI RPOSF 



(a) The Cabinet shall prepare and submit 
forthwith to the Go\emor a proposed compre- 
hensive plan for effectively combatting trafficking 
and illegal drug use in North Carolina, including 
appropriate punishment, and for the education 
and treatment of those citizens suffering from 
drug abuse and dependency. 

(b) Prior to submitting the comprehensi\e plan 
to the Go\emor, the Cabinet may develop and 
recommend to the Governor such intermediate 
measures in the areas of drug abuse prevention, 
treatment, law enforcement and punishment as 
the Cabinet deems appropriate. 

Section 5. ADVISORY COL NCll S 
I he Governor's Council on Alcohol and Drug 
Abuse /Vmong Children and "\'outh cstabhshed 
by Executive Order 12> and the Gosemor's 
Inter-Agency Advisory Team on Alcohol and 
Other Drug Abuse created by Executive Order 
53 shall act as advisors to the Cabinet. The 
Cabinet may establish other ad\isor\' councils as 
needed to provide the Cabinet with expert advice 



in specified areas such as law eriforcement related 
activities, health treatment and education. 

Section 6. COOPERATION OF STATE 
AGENCIES 

On request all agencies and departments of the 
State of North Carolina shall cooperate with the 
Cabinet in the development of the comprehen- 
sive plan, and in the development and recom- 
mendation to the Governor of such immediate 
actions as determined necessary under Section 
4(b) of this Order. 

Section 7. ADMINISTRATIVE SUPPORT 

AND EXPENSES 
Fhose agencies and departments represented in 
the Cabinet shall provide such staff and admin- 
istrative support as may be requested by the 
Cabinet. 

Section 8^ 

Tliis order shaU be effective immediately and 
shall remain in effect until terminated. 

Done in Raleigh, North Carolina, this the 10th 
day of January , 1989. 



EXECUTIVK ORDER NUMBER 81 

AMENDMENT TO 

EXECUTIVE ORDER NUMBER 80 

NORTH CAROLINA DRUG CABINET 

By authority vested in me as Governor by the 
Constitution and laws of North CaroUna, IT IS 
ORDERED: 

Section 2 of Executive Order Number 80 enti- 
tled "North Carolina Drug Cabinet" is amended 
by adding to the membership of the Cabinet the 
Secretary- of the Department of Administration. 

.AJl other sections and provisions of Executive 
Order Number 80 shall remam in effect. 

This order shall be effective immediately and 
shall remain Ln effect until terminated. 

Done in Raleigh, North Carolina, this the 12th 
day of January 1989. 



990 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. /20-30.9H, effective July 16, 1986, requires thai all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights A ct of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 



JPT;LLr:dvs 

DJ 166-012-3 

Y1042 

Yl 134-1 135 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



Januar>' 6, 1989 

Michael Crowell, Iisq. 
Tharrington, Sniith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. CroweU; 

This refers to the redistricting of the Oak Hill Walnut Grove/Tally Ho/Sassafras Fork and TaUy 
Ho /Brassfield/ Fishing Creek districts, the tiling deadline for unalTiliated candidates in the special general 
election, and the schedule for newly elected commissioners to take office for the county commission in 
Gran\ille County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act of 1965, as amended, 42 IJ.S.C. 1973c. We received your submission on December 
30, 1988. In accordance with your request, expedited consideration has been given this submission 
pursuant to the Procedures for the Administration of Section 5 (28 C.F.R. 51.34). 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixtv-day review period. See also 28 C.F.R. 
51.41 and 51.43. 

Because the status of the redistricting is at issue in McGhee v. Granville County, No. 87-29-CIV-5 
(E.D.N.C.), we are providing a copy of tliis letter to the court in that case. 

Sincerely, 

James P. Turner 
Acting Assistant Attorney General 
Civil Rights Division 



By: 



Barr\' H. Weinberg 
Acting Chief, Voting Section 



cc: Honorable James C. Fox 
United States District Judge 

Leslie J. Winner, Esq. 



NORTH CAROLINA REGISTER 



991 



PROPOSED RULES 



1 n LK 2 - Dl PARIMKM OF 
ACRKl LURE 



No 



oticc is hereby given in accordance with G.S. 
1 SOB- 1 2 that the N.C. Board of Agricuhure in- 
tends to amend rule(s) cited as 2 SCAC 43L 
.0113; 52B .0207; 52C .0/03; and adopt 4SC 
.0027. 

1 he proposed effective date of this action is June 
I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on March 13, 1989 at Board Room, Agri- 
culture Bldg., I IV. Edenton St., Raleigh, N.C. 



Co 



■ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Da\id S. McLeod, Secretary 
of the North Carolina Board of Agriculture, P.O 
Box 27647, Raleigh, NC 2761 1. 

CHAPTKR Ai - MARKETS 

SLBCIIAPTER 431. - MARKETS 

SECTION .0100 - FEES: STATE FARMERS' 
MARKET AT RALEIGH 



.0113 


GATE FEES 




Gate 


: fees shall be as follows: 




(1) 


WTiolesale Fees: 




(a) 


cars or station wagons 


$ 3.00 


(b) 


car and trailer 


6.00 


(c) 


trucks less than one ton 


4.00 


(d) 


trucks less than one ton 






and trailer 


8.00 


(c) 


trucks one ton thru 6 wheel 






(straight job) 


7.00 


(f) 


trucks - 10 wheel or tractor 






and trailer 


8.00 



(2) 

(a) 



(b) 



lers of out-of-state products shall pay 



tuice the abo\'e-state d fees. 
Tmckers Shed Fees: 
trucks less than one 
ton 



S 6.00 first day 
6.00 followina davs 



trucks less than one 
ton and trailer 



9.00 first day 

6.00 following days 

(c) trucks one ton thru 6 8.00 first da) 
wheel (straight job) 6.00 following days 

(d) trucks 10 wheel or 10.00 first day 
tractor and trailer 8.00 following days 

(e) space by week - $36.00 to begin on Mon- 
da\' 



(f) space by month - $90.00 to begin only 
from 1-10 on a calendar month - rates af- 
ter the 10th will be daily or weekly 
(3) Retail Fees - Retail Shed: 



fa^ aW montho 






$30.00 



Months t 

$110.00 

$130.00 

$ 6.00 

7.00 



oxocjpt Juno, 
Julv, August 

July, Augutit 

(a) all months except June, 
Julv, .August 

(b) fees for June. Julv, 
August 

1 1^ \ ni'^nTl -iTlH r^f^i r hfsl I tirf ^^ -'1' o^ t 1 C\C\ r^^,- A^-^m 

\" J TTCTTTT 14.1 lU TT^TX tTTTCTTCT^T ttTTT I^V JI I .\^J ^^Tr IIU T 

f4^c) off season holding fee of $75.00 to- 
guarantt'o opacott applies only to center 
shed and Christmas tree growers. 
■i applies only fef spaot >> j undor cuntor 

I V lUTI rTTTCTTr 

•i^ upplic"- . only te oontcr shod aft4 

Chri '. tmuL i t+ei* gruworo 
(4) Retail Fees - Fanners Area: 

(a) all months except June, $ 5.00 
Julv. August 

(b) fees for June. Julv. August 6.00 

(c) sellers ot^ out-of-state products shall pay 
twice the above-stated fees. 



f4|(5) Deliver,' Fees: 

(a) cars, cars/trailers, pickups, pickups/trailers, 
straight trucks 6 wheels: 

less than 100 packages $ 1.00 

100 - 250 packages 2.00 

over 250 packages 3.00 

(b) 10 wheelers or tractor trailers: 

less than 100 packages $ 2.00 

100 - 400 packages 3.00 

over 400 packages 5.00 

Statuton^ Authority G.S. 106-330. 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48C - SEEDS 

.0027 LABEL REQUIREMENTS FOR 
TREA LED SEEDS 

(a) /Ml seeds which are treated shall be labeled 
to show the following information on a separate 
label, or on the same label as used for other in- 
formation (purity, gennination, etc.) required 
under the North Carolina Seed Law or on the 
container of seed. 

(1) A word or statement in type no smaller 
than eiglit points indicating that the seed 
has been treated. 

(2) The commonly accepted coined, chemical 
(_generic) or abbreviated chemical name 



992 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



of a substance or a dcscnption of any 
process (other than application of a sub- 
stance) used in such treatment in type no 
smaller then eight points. 

(3) A caution statement if the substance used 
in such treatment in the amount remain- 
ing with the seed is harmful to humans 
or other vertebrate animals. 

(4) AU seeds treated with a poisonous sub- 
stance, if the amount remaining with the 
seed is in excess of a tolerance recognized 
by the U.S. Department of Agriculture, 
or treatment for which no tolerance or 
exemption from tolerance is recogruzed 
by the U.S. Department of Agriculture, 
shall be conspicuously colored to prevent 
their subsequent inadvertent use for pur- 
poses other than for seeding. 

(b) Seed treated with a mercurial of similarly 
toxic substance, if any amount remains with the 
seed, shall be labeled to show a statement such 
as "Poison," "Poison Treated," or "Treated with 
Poison." The word "Poison" shall be in type 
no smaller than eight points and shall be in red 
letters of a distinctly contrasting background. In 
addition, the label shall show a representation of 
a skull and crossbones at least twice the size of 
the type used for the word "Poison" and the 
statement indicating that the seed has been 
treated. 

(c) Seed treated with other hannful substances 
(other than mercurials or similarly toxic sub- 
stances), if the amount remaining with the seed 
is harmful to humans or other vertebrate animals, 
shaU be labeled to show the word "Caution" in 
red letters in type no smaller than eight points, 
followed by the statement "Do not use for food, 
feed, or oil" in type no smaller than eight points. 
Seed treated with substances other than mercu- 
rials or similarly toxic substances in containers 
of four ounces or less need not be labeled to 
show the caution statement. 

(d) Seed commingled with treated seed shall 
be labeled "treated," and the percentage of 
treated seed and the substance used shall be 
stated. 

(e) If the seed is treated with an inoculant, the 
date beyond wliich the inoculaiVt is not to be 
considered effective (date of expiration) shall be 
declared on the label. 

Statutory: Authority G.S. 106-277.15. 

CIIAPIRR 52 - VETERINARY OIMSION 

SUBCHAPTER 52B - AMMAL DISEASE 

SECTION .0200 - ADMISSION OE LIVESTOCK 
TO NORTH CAROLINA 



.0207 IMPORTATION REQLIREMEN TS: 
SWINE 

(c) All feeder swine imported into the state 
shall be accompanied by an official health certif- 
icate issued by a state, federal or accredited 
veterinarian stating that: 

(1) No pseudorabies vaccine has been used in 
the herd of origin, unless the herd is a 
pseudorabies Controlled Vaccinated herd 
as defmed in Title 9, Part 85.1 of the Code 
of Federal Regulations, or a pseudorabies 
monitored vaccinated herd; e* and 

Statutory Authority G.S. 106-307.5; 106-316. 1; 
106-317; 106-3 IS. 

SUBCHAPTER 52C - CONTROL OF LIVESTOCK 
DISEASES: MISCELLANEOUS PROVISIONS 

SECTION .0100 - DISEASED AND DEAD 
ANIMALS 

.0105 PSEUDORABIES STATUS AND 
TESTING 

(a) Feeding and breeding swine may not be 
transported on any public road or held in any 
public place unless accompanied by a written 
permit from the State Veterinarian or proof sat- 
isfactory to the State Veterinarian that: 

(1) No pseudorabies vaccine has been used in 
the herd of origin, unless the herd is a 
pseudorabies Controlled Vaccinated herd 
as defined in Title 9, Part 85.1 of the Code 
of Federal Regulations, or a pseudorabies 
monitored vaccinated herd; e* and 

Statutory Authority G.S. 106-22(3); 106-400.1. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 



l\ otice i.s hereby given in accordance with G.S. 
150B-12 that the Department of Insurance intends 
to amend and adopt lules cited as 1 1 NCAC 10 
.1102 and .1104. 

1 he proposed effective date of this action is June 
1. 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on March 3, 1989 at Third Floor Hearing 
Room, Dobbs Building, 430 N. Salisbury Street, 
Raleigh, N.C. 27611. 

i^omment Procedures: Written comments may 
be sent to Pete Murdza, Actuarial Setrices, P.O. 
Bo.x 26387, Raleigh, N.C. 2761 1. Oral presenta- 



NORTH CAROLINA REGISTER 



993 



PROPOSED RULES 



tions may be made ai the public hearing. Anyone 
having questions should call Pete Murdza at 
(919) 732-32S4, or Linda Siott at (919) 
73 3-4'/ 00. 

(MAP IKK 10 - FIRK AND CASUALTY 
DIMSION 

SECTION .1 100 - RATE FM INGS 

.1102 APPI.ICABIIITV 

The follouings items indicate uhich section of 
this Regulation is applicable to a particular filing. 
Ncite that rate tilings must be submitted sepa- 
rateh' and under independent co\er from forms 
and rules filings. 



ixtf (Jj Rule .1103 applies to all workers' com- 
pensation insurance rate filings made by the 
North Carolina Rate Bureau. 

(2) Rule . 1 104 applies to all nonflect pri\'atc 
passenger automobile insurance rate filings 
made bv the North Carohna Rate Bureau 
or the North Carolina Reinsurance Facility. 



ffe4 [3| Rule . 1 106 applies to all applications for 
de\iations from the rates of the North Ca- 
rolina Rate Bureau. 

(4) Rule . 1 107 applies to all rates filings (in- 
cluding those mwih'ing deviations from the 
rates of licensed rating organi/ations other 
than the North Carolina Rate Bureau) other 



than those in\ol\ mg: 



(b) 



lines &[ insurance under the jurisdiction 
£( the North C^arolina Rate Bureau: 
Nonlleet pri\ate passenger automobile in- 
surance rates for the North C^arolma Re- 
insurance 



FacilitN 



1 5 ) I'llings are not required for rate changes 



in\ol\ ing the following kinds of insurance: 



(A 

lb] 

(£] 

(g) 



Accident: 

Annuities: 

.\\'iation physical damage: 

Mortgage guaranty: 

I-idelit\- and suret\ ; 



Ih] 

ill 
(6) 



Heahh: 

Inland manne that is not written according 
to manual rates and rating plans: 
I ife: 
Ocean marine. 



I'ihngs are not required for rate changes 
in\'oK"ing the follov.'ing tspes of policies: 



[a) 
(c) 



"Ihose pursuant to the Sun''lus lines .Act: 
Those wntten under the I .MR Plan: 
1 hose written under the Beach Plan that 



include coverages other than onh wind- 
stonn and hail: 



(d) Thos 



Nsued in North Carolina co\ering 



multistate nsks except in respect to co\'- 
e rages applicable to North Carolina lo- 
cations: 



(c) Those issued bv town or county fanners 

mutual fire insurance association restnct- 

ing Its operations to not more than five 

counties in this State that arc adiacent to 

the count\ in which the home olfice is 

located. 

(7) Filings are required for all whether advisory', 

suggested, or specific rates for those lines of 

insurance other than those hsted in (5) in 

this Rule. Such rates may be filed either as 

specitic rates or ranges of rates from which 

the rates for individual risks will be deter- 

mmed. 



Stalulorv Authority 
58-124.23. 



G.S. 58-9; 58- 124.20; 



.1 104 NONFLEET PRIX .\TE PASSENGER 
AUTOMOBILE 

The mformation required by N.C.G.S. 
58- 124.20(h) for nonfleet private passenger auto- 
mobile rate fdings shall be presented as follows; 
(NOTE: If in addition to the full years of data 
specified in any of the requests in this Rule, more 
recent data of less than a fuU year is available, 
that data shall also be provided. If updates to the 
information requested in this Rule become 
a\ailable before a decision is reached on the fil- 
ing, they should also be pro\'ided.) 
( 1 ) North Carolina premium, loss and loss 
adjustment experience; 

(a) Data from all companies writing nonfleet 
pri\ate passenger automobile insurance in 
North Carolina shall be included in the 
rate fiUng. If any company that has more 
than one percent of the North Carolina 
nonlleet private passenger automobile 
written premium is excluded from the rate 
le\'el. trend, loss development, or invest- 
ment income calculations for any co\er- 
age, identify the coverage, the company 
and its marketshare and provide an ex- 
planation for its exclusion. Also estimate 
the aggregate marketshare of other com- 
panies whose experience is excluded from 
those calculations. 

(b) If any company of the top one hundred 
writers of nonfleet private passenger auto- 
mobile insurance in North Carolina is ex- 
cluded from expense level calculations, 
identify that company and its marketshare 
and provide an explanation for its exclu- 
sion. Also estimate the aggregate market 
share of other companies whose experi- 
ence is excluded from expense level calcu- 
lations. 

(c) If the tiling contains changes in classifica- 
tion dilTerentials, describe any identitlable 



994 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



group of policies that have been excluded 
from the calculation of such differentials, 
indicate their percentage of the market, 
and provide an explanation for their ex- 
clusion. 

(d) For each coverage, premium at present 
rates shall be calculated. Indicate how 
such calculations were produced and sup- 
ply supporting documentation for a sam- 
ple of such calculations and justification 
of any aggregate factors used. 

(e) The latest earned premiums and markets- 
hares for the ten largest private passenger 
insurers in North Carolina shall be pro- 
vided. 

(f) Information from the /Vnnual Statement 
on losses and premiums shall be included. 
Provide such information separately for 
the latest two Annual Statements for 
which aggregate data is available including 
the following items on a composite basis 
for the top 50 nonflect private passenger 
insurers in North Carolina: 

(i) North C;irolma Paije 14, Lines 19.1, 

19.2, and 21.1; 
(ii) Part 2, Lines 19 and 21; 
(ill) Part 3 A, Lines 19 and 21. 

(g) The following information on companies 
deviating from Bureau nonflect private 
passenger rates shall be included for each 
of the latest five years by coverage; 

(i) A list of all deviating companies; 

(ii) The estimated total manual premium 
written at deviated rates; 

(iii) The estimated percentage of the entire 
statewide premium written at deviated 
rates; 

(iv) The total amount of de\ iations in dol- 
lars; 

(v) The average percentage deviation for 
deviating companies; 

(vi) The average percentage deviation for 
aU companies, 
(h) The following information on companies 
issuing dividends on nonfleet private pas- 
senger automobile policies^ shall be in- 
cluded for each of the latest five years; 

(i) A list of all companies issuing dividends; 

(ii) The estimated total manual premium 
written from companies issuing dividends; 

(iii) The estimated percentage of the entire 
statewide premium of companies issuing 
dividends; 

(iv) The total amount of di\'idends in dol- 
lars; 

(v) The average percentage dividend for 
companies issuing dividends; 



(vi) The average percentage dividend for all 
companies, 
(i) WTienever North Carolina losses are sepa- 
rated into excess (catastrophe) and non- 
excess (noncatastrophe) losses, a clear 
description and justification of the stand- 
ard used to separate such losses shall be 
included. In determining an excess (ca- 
tastrophe) loading, include as many years 
of data as possible. If the number of years 
included differs from the number avail- 
able, provide an explanation. Also pro- 
vide an explanation if the data from which 
the excess loading is derived differs from 
that on which the rate level change is 
based. 
(j) Territorial rate calculations shall include 
written premiums, earned premiums, paid 
losses, incurred losses, and the number of 
claims by territory for each of the years 
used to determine the territorial relativi- 
ties, 
(k) If the fding contains changes to class dif- 
ferentials, include all information related 
to the derivation, including the following: 

(i) A complete description of the method- 
ology used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on application of these criteria 
in the selection of a methodology for this 
filing; 

(v) Details on the application of the meth- 
odology to this filing. 

(2) Credibility factor development and appli- 
cation. All information related to the deri- 
vation of credibility factors contained in the 
filing should be provided: 

(a) A complete description of the methodol- 
ogy used to derive these factors; 

(b) A description of alternative methodologies 
considered; 

(c) A description of the criteria used to select 
a methodology; 

(d) Details on application of these criteria in 
the selection of a methodology for this 
filing; 

(e) Details on the application of the method- 
ology to this fiUng. 

(3) Loss development factor development and 
application; 

(a) AU information related to the derivation 
of loss development factors contained in 
the tiling shall be provided including the 
following; 



NORTH CAROLINA REGISTER 



995 



PROPOSED RULES 



(i) A complete description of the method- 
ology' used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodolog>'; 

(iv) Details on application of these criteria 
in the selection of a methodology for this 
filing; 

(%•) Details on the application of the meth- 
odologN to this fiUng. 

(b) Pro\ide for each coverage complete (in- 
cluding the upper left portion) total limits 
paid loss development triangles for the ten 
latest available accident years at all a\'ail- 
able development points for matching 
companies. Also provide the corre- 
sponding loss development factors and 
five-year average factors derivable from 
these triangles. 

(c) Provide the infonnation m (b) for basic 
limits paid losses. 

(d) Provide the infonnation in (b) and (c) for 
incurred losses. 

(e) Provide the information in (b) for the 
number of paid claims. 

(f) Provide the information in (b) for the 
number of outstanding claims. 

(g) Pro\ide the information in (b), (c), (d), (e), 
and (t") separateh for voluntan,' and ceded 
business. 

(h) For each of the ten largest writers of pri- 
vate passenger automobile insurance in 
North Carolina, a statement regarding any 
reserve strengthening or weakening that 
has occurred in the last five years shall be 
included. 

(4) Trending factor development and applica- 
tion: 

(a) The following trend data, shown sepa- 
rately for frequency and severity, for the 
latest a\ailable five years shall be included 
in the filing for all coverages both coun- 
tr>'\vide and for North Carolina: 

(i) Fast-track loss data; 

(ii) .All North Carolina internal loss trend 

data; 
(iii) Internal and external expense trend 

data. 

(b) For all trend data descnbed in this Rule, 
annual trend factors shall be calculated 
and coefficients of correlations deter- 
mined. 

(i) Include calculations for the latest 6, 9, 
12 and 15-point periods. 

(ii) Include calculations on both an expo- 
nential and straight line basis. 



(c) AU information related to the derivation 
of trend factors contained in the filing 
shall be provided including the following: 

(i) A complete description of the method- 
ology used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on application of these criteria 
in the selection of a methodology for this 
filing; 

(v) Details on the application of the meth- 
odolog>' to this filing. 

(d) Information, including studies, analyses, 
and fact sheets, regarding the effects (both 
countrywide and in North Carolina) of 
the following items shall be provided. If 
the effects have been incorporated into the 
rate filing, describe in detail the method- 
ologies used. 

(i) Changes in seat belt use; 

(ii) Changes in the drinking age; 

(iii) Changes in the price and amount pur- 
chased of gasoline; 

(iv) Changes in the average monthly miles 
traveled by indi\idual drivers; 

(v) Other legislative, regulatory, social, or 
economic factors that could have an im- 
pact on loss frequency or severity. 

(5) Changes in premium base and exposures. 
Data on the mix of exposures by different 
policy terms shall be submitted. For the 
latest five years, include the number of poli- 
cies for different policy terms. 

(6) Limiting factor development and applica- 
tion. Information on the following items 
shall be provided: 

(a) Limitations on losses included in the sta- 
tistical data used in the filing; 

(b) Limitations on the extent of the rate level 
change by coverage; 

(c) Limitations on the extent of territorial rate 
changes; 

(d) Any other limitations applied. 

(7) Expenses: 

(a) All information related to the derivation 
of expense pro\'isions contained in the fil- 
ing shall be provided including the fol- 
lowing: 

(i) A complete description of the method- 
olog\' used to derive these factors: 

(ii) A description of alternative methodol- 
ogies considered: 

(iii) A description of the criteria used to se- 
lect a methodolog>'; 



996 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(iv) Details on application of these criteria 
in the selection of a methodology for this 
filing; 

(v) Details on the application of the meth- 
odology to this filing. 

(b) Earned premium and unallocated loss ad- 
justment expenses for each of the latest 
five years shall be included. If available, 
provide such information by coverage and 
groups of coverages. 

(c) For each of ten largest writers of private 
passenger automobile insurance in North 
Carolina, statements regarding any ex- 
pense cutting activities undertaken in the 
last five years shall be provided. 

(8) The percent rate change: 

(a) The overall statewide rate change shall be 
shown as well as the amount of the 
change attributable to each of the follow- 
ing: loss experience, the trend factor, a 
change in expense provisions, law 
changes, a change in the tax provision, a 
change in the assessment provision, and 
other changes. 

(b) The information described in (a) of this 
Rule shall also be provided by coverage 
and for physical damage coverages by de- 
ductible. 

(9) Proposed rates: 

(a) Proposed rates for each territory and cov- 
erage shall be provided. 

(b) If the fiLing contains changes to the clas- 
sification differentials, these differentials 
shall also be described. Also include an 
explanation of how classification rates are 
determined and a sample calculation. 

(10) Investment earnings. Information on an- 
ticipated investment income is necessary to 
establish the provision for underwriting 
profit in the rates. 

(a) Information on the amount of investment 
income earned on loss, loss expense, and 
unearned premium reserves in relation to 
earned premium for private passenger au- 
tomobile in North Carolina ^hall be cal- 
culated for the latest two" years and 
estimated for the current year and all years 
during which the proposed rates will be in 
effect. Calculations shall be provided in 
detail including the amount of the com- 
posite reserves of each type at the begin- 
ning and end of each of the specified 
years. 

(b) Information on the estimated average 
length of time that elapses between the 
occurrence of an insured loss and its pay- 
ment shall be provided by co\'erage. In- 



dicate how the length by coverage has 
changed over the last five years, 
(c) To evaluate recent insurer profitabihty, 
composite information from the Annual 
Statement for the top 50 insurers writing 
nonfieet private passenger automobile in- 
surance in North Carolina shall be in- 
cluded. Provide the following 
information from the latest two Annual 
Statements for which aggregate data is 
available in the same format and detail as 
the exhibits in individual company state- 
ments: 

(i) Page 2 (Assets); 

(ii) Page 3 (Liabilities, Surplus and Other 
Funds); 

(iii) Page 4 (Underwriting and Investment 
Exhibit); 

(iv) Insurance Expense Exhibit, Part II, 
columns 19.1, 19.2 and 21.1. 

(11) Identification and Certification of Statis- 
tical Plans: 

(a) All statistical plans used or consulted in 
preparing this fding shall be identified. 
Also describe the data compiled by each 
plan. 

(b) A certification that there is no evidence 
that the data that was collected in accord- 
ance with such statistical plans and uti- 
lized in the rate filing are not true and 
accurate representations of each compa- 
ny's experience to the best of its know- 
ledge shall also be provided. 

(12) Investment Earnings on Capital and Sur- 
plus. Given the selected underwriting profit 
and contingencies loadings contained in the 
filing, indicate the resulting rate of return on 
equity capital, and on total assets including 
consideration of investment income shall be 
calculated. Show the derivation of all fac- 
tors used in producing the calculations. 
Provide justification that these rates of re- 
turn are reasonable and fair. 

(13) Level of Capital/Surplus Needed: 

(a) y\ggrcgate premium to surplus ratios for 
the latest three calendar years for all com- 
panies writing nonfieet private passenger 
automobile insurance in North Carolina 
shall be included. 

(b) Estimates of comparable ratios for the 
years during wliich the rates wiU be in ef- 
fect shall also be provided. 

(14) Other Information: 

(a) All information relating to the derivation 
of the profit and contingency loadings 
contained in the filing shall be provided 
including the following: 



NORTH CAROLINA REGISTER 



997 



PROPOSED RULES 



(i) A complete description of the method- 
olog>' used to derive these loadings; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A dcscnption of the criteria used to se- 
lect a mcthodolog\'; 

(iv) Details on application of these criteria 
in the selection of a methodology for this 
filing; 

(\) Details on the application of the meth- 
odology' to this filing. 

(b) Agendas and minutes of meetings of the 
North Carolina Rate Bureau affecting the 
filing shall be included as well as a list of 
aU attendees at these meetings, their titles, 
and their affiliations. 

(c) Payments to any other consultants (in- 
cluding lawyers, actuaries, and econo- 
mists) related to this filing and the 
pre\ious one on nonfieet private passen- 
ger automobile shall be descnbed. If 
payments are not specifically identified as 
related to individual filings, estimate the 
charges. 

Statutory Authority G.S. 5S-9; 58-l24.20{h). 

TITLE 15 - DKPARTMENT OF NATl RAL 

RESOURCES AM) COMMUNITY 

DEVELOPMENT 



A^. 



otice is hereby gri'en in accordance with G.S. 
J SOB- J 2 that the A or;/; Carolina Wildlife Re- 
sources Commission intends to amend ride(s) 
cited as 15 NCAC lOD .0003. 

1 he proposed effecti\-e date of this action is July 
1, I9S9. 

1 he public hearing will be conducted at 10:00 
a.m. on March 3. I9S9 at Room 3S6, Archdale 
Building, 512 S. Salisbury Street. Raleigh, \orth 
Carolina. 



a 



'Omment Procedures: Interested persons may 
present their v/eivj either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from Fe- 
bruary 16. I9S9 to March 17, 1989. Such written 
comments must be delivered or mailed to the \.C. 
Wildlife Commission, 512 X. Salisbwy St.. Ra- 
leigh, \C 2^61 1. 

CIIAPIF.K 10 - WIl.ULII K RKSOLRCtS AM) 
W ATER SAFET'i 



SUBCHAPTER lOD - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(d) Hunting Dates 
(3) .Any game may be taken on the following 
game lands during the open season, except 
that: 

(A) Bears may not be taken on lands des- 
ignated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, and 
wild boar may be hunted only during the 
bow and arrow seasons and the regular 
gun season on male deer on bear sanctu- 
aries located in and west of the counties 
of Madison, Buncombe, Henderson and 
Polk; 

(C) On game lands located in or west of the 
counties of Rockingham, Guilford, Ran- 
dolph, Montgomery' and Anson, dogs 
may not be used for any huntmg (da\" or 
niglit) during the regular season for hunt- 
ing deer with guns; except that small game 
ma\' be hunted with dogs in season on all 
game lands, other than bear sanctuaries, 
in the counties of Cherokee, Clay, Jack- 
son, Macon, Madison, Polk and Swain; 

(D) On Croatan, Goose Creek, New Hope 
and Shearon Harris Game Lands water- 
fowl may be taken onl\' on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Years Days; and on 
the opening and closing days of the ap- 
plicable waterfowl seasons; except that 
outside the posted waterfowl impound- 
ments on Goose Creek Game Land 
hunting any waterfowl in season is per- 
mitted any week day during the last 10 
days of the regular duck season as estab- 
lished b\' the U.S. Fish and Wildlife Ser- 
vice; 

(E) On the posted waterfowl impound- 
ments of GuU Rock Game Land hunting 
of any species of wildlife is limited to 
Mondays, Wednesdays, Saturdays; 
Th;mksgi\'ing, Christmas, and New Years 
Days; and the opening and closing days 
of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March 1 and October 1 1 ; 

(G) On Butner- Falls of Neuse and Person 
Game I ands waterfowl may be taken only 
on Tuesdays, Thursdays and Saturdays, 
Christmas and Ne\\' ^'ear's Davs, and on 



99S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the opening and elosing days of the ap- 
plicable waterfowl seasons; 

(H) On Angola Bay, Croatan, Goose 
Creek, Hofmann F'orest and Tuscarora 
Game Lands deer of cither sex may be 
taken during the penod November 30 
through December 3; and 

(I) Additional restrictions or modifications 
apply as indicated m parentheses follow- 
ing specific designations. 

Alexander and Caldwell Counties— Brushy 
Mountains Game Lands 

Anson County-.'Vnson Game Land 

Ashe County--BlulT Mountain Game I^nds 

Ashe County--Chcrokee Game Lands 

Ashe and Watauga Counties--Llk Knob 
Game I^^nd 

Avery, Buncombe, Burke, Caldwell, Hay- 
wood, Henderson, Jackson. Madison, 
McDowell, Mitchell, Transyhania, Wa- 
tauga and ^'ancey Countics--Pisgah Game 
Lands (Harmon Den and Sherwood Bear 
Sanctuaries in Ha>'\vood County are 
closed to hunting raccoon, opossum and 
wildcat. Training raccoon and opossum 
dogs is prohibited from .March 1 to Octo- 
ber 1 1 in that part of Madison County 
north of the Ircnch Broad River, south 
of US 25-70 and west of SR 1319.) 

Beaufort, Bertie and Washington Coun- 
ties--Bachelor Bay Game Lands 

Beaufort and Pamlico Counties--Goose 
Creek Game Land 

Brunswick County--Grecn Swamp Game 
Land 

Burke Count>— South Mountains Game 
Lands 

Burke, McDowell and Rutherford Coun- 
ties--Dysartsville Game Lands 

Caldwell County--lL'adkin Game Land 

Carteret County— Lukens Island Game Land 

Carteret, Craven and Jones Counties--Croa- 
tan Game Lands 

Chatham County--Chatham Game Land 

Chatham, Durham, Orange, and Wake 
Counties--New Hope Game 1,'ands 

Chatham and Wake Counties— Shcaron 
Harris Game Land 

Cherokee, Clay, Graham, Jackson, Macon, 
Swain and Transylvania Counties-- Nant- 
ahala Game Lands (It is unlawful to take 
or hunt deer on Fires Creek Bear Sanctu- 
ary^ Raccoon and opossum may be 
hunted only from sunset Friday until 
sunrise on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuar)' in Clay County and 
in that part of Cherokee County north of 



L'S 64 and NC 294, east of Persimmon 
Creek and Hiwassee Lake, south of Hi- 
wassee lake and west of Nottely River; in 
the same part of Cherokee County dog 
training is prohibited from March 1 to 
October 11. It is unlawful to train dogs 
or allow dogs to run unleashed on Fires 
Creek Bear Sanctuary at any time, except 
that dogs may be used when hunting rac- 
coon or opossum and for hunting grouse 
and rabbits during the open seasons. It 
is unlawful to train dogs or allow dogs to 
run unleased on any game land in Gra- 
ham County between March 1 and Octo- 
ber 11.) 
Chowan County-Chowan Game Land 
Cleveland County--Gardner-Wcbb Game 

Land 
Craven County--Neuse River Game Land 
Craven County--Tuscarora Game land 
Currituck County— North River Game Land 
Currituck County— Northwest River Marsh 

Game Land 
Dare County-- Dare Game Land (No hunt- 
ing on posted parts of bombing range.) 
Davidson, Davie and Rowan Counties--AI- 

coa Game Land 
Davidson County— Linwood Game Land 
Davidson, Montgomery, Randolph and 

Stanly Counties--Uwharrie Game Land 
Duplin and Pender Counties--Angola Bay 

Game Land 
Durham, Granville and Wake Counties-- 
Butner-Falls of Neuse Game Land (On 
portions of the Butner- Falls of Neuse 
Game Land designated and posted as 
"safety zones" and on that part marked 
as the Penny Bend Rabbit Research Area 
no hunting is permitted. On portions 
posted as "restricted zones" hunting is 
limited to bow and arrow during the bow 
and arrow season and the regular gun 
season for deer.) 
Franklin County--Franklin Game Lands 
Gates County--Chowan Swamp Game 

Land 
Granville County--Gran\ille Game Lands 
Halifax County--Halifax Game Land 
Harnett County-- Harnett Game Land 
Henderson, Polk and Rutherford Coun- 

ties--Green River Game Lands 
Hyde County--Gull Rock Game Land 
Hyde County-- Pungo River Game Land 
Hyde and Tyrrell Counties-- New Lake 

Game Land 
Jones and Onslow Counties- 1 lofmarm 

Forest Game l^nd 
Lee County- Lee Game Land 



NORTH CAROLINA REGISTER 



999 



PROPOSED RULES 



McDowell County--! lickory Nut Mountain 

Game land 
Moore County--\loorc Game land 
New Hanover County--Catfish lake Game 

Land 
Northampton County--Northampton Game 

Land 
Orange County— Orange Game land 
Person County— Person Game Land 
Richmond County-- Richmond Game land 
1 ransyhania County--Toxaway Game land 
Vance County-- Vance Game I and 
Warren County--\Varrcn Game lands 
Wilkes County-- Thurmond Chatham Game 

Land 



Statutory Authoritv G.S. I / 3-/34; 
1 13-291.2: II3-2QI'.5: 113-305. 



113-264; 



■k-k-fi-k-k************* 



[y otice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Wildlife Re- 
source.': Commission intends to amend rulei's) 
cited as 15 NCAC I OF .0360; and adopt I OF 
.0361. 



1 he proposed effective 
I, I9S9. 



dale of this action is June 



1 he public hearing will be conducted ul 10:00 
a.m. on March 3, 19S9 at Room 386, Archdale 
Building, 5/2 N. Salisbury Street. Raleigh, North 
Carolina. 



Cc 



ommeni Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing, /n addition, the record of hearing will 
be open for receipt of written conunents from Fe- 
bruary /6, 19S9 to March 17. /9S9. Such written 
comments must he deli\'ered or mailed to the A'.C. 
Wildlife Commission. 5/2 A. Salisbury St., Ra- 
leigh, SC 276//. 

SLMCII APTKR 101 - MOIOKBOATS AND 

w A I KK SAi i: rv 

SECTION .0300 - LOCAL W ATER SAFETY 
REGULATIONS 

.0360 CFJAIIAM COLNTV 

(a) Regulated Area. This rule applies to the 
waters and poilions of waters dcscrihcd as fol- 
lows: 

( 1 ) Lake Santeetlah Boat Dock on Lake San- 
tcetlali in Graham County. 

(2) Lontana I akc in Graham County. 



(b) Speed Limit. No person shall operate a 
vessel at greater than no-wake speed within 50 
yards of the regulated area areas as described in 
Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Graham County Board of Commissioners 
is designated a suitable agency for the placement 
and maintenance of markers implemcntmg this 
Rule. 

Statutory Authority G.S. 75A-3; 75A-/5. 

.0361 WILKES COUNTY 

(a) Regulated Area. This Rule applies to those 
waters of W. Kerr Scott Reservoir located in 
Wilkes County. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated area described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Wdkes County Board of Commissioners is 
designated a suitable agency for placement and 
maintenance of the markers implementing this 
Rule. 

Statutory Authority G.S. 75A-3; 75A-/5. 

TLLLE 24 - INDEPENDENT AGENCIES 

I y otice is hereby given in accordance with G.S. 
150B-/2 that the North Carolina Housing Finance 
.4i;encv intends to adopt rule(s) cited as 24 
NCAC /B .0005. 

1 he proposed effective date of this action is June 
/. /9S9. 

1 he public hearing will be conducted at 9:00 
a.m. on March /7. /9S9 at North Carolina Hous- 
ing Finance Agency. 3300 Drake Circle, Suite 200, 
Raleigh, N.C. 



Co 



ommeni Procedures: Written comments con- 
cerning this adoption must be submitted to the 
APA Coordinator by March /7, /9S9. Oral 
comments may be presented at the hearing. 

CHAPTER I - N. C. HOUSING FINANCE 
AGENCY 

SUBCHAPIER IB - Rl LEMAKING 
PROCEDl RES 

.0005 PETITIONS FOR Rl LEMAKING 

In accordance with G.S. 150B-16, any person 
desiring the adoption, amendment or repeal of a 



1000 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



rule by the Agency shall submit a petition to the 
Agency containing the foUowing information: 

(1) Name of Agency; 

(2) A draft of the proposed rule; 

(3) Reasons for the adoption, amendment or 
repeal; 

(4) Data supporting the proposed rule; 

(5) The effect of the proposal on existing rules; 



(6) Effects of the proposed rule on persons 
likely to be affected by the rule; 

(7) Names (including addresses if known) of 
those most likely to be affected by the rule; 
and 

(8) Name(s) and address(es) of petitioner(s). 

Statutory Authority G.S. I22A-5; 1508-12; 
I SOB- 1 6. 



NORTH CAROLINA REGISTER 



lOOI 



FfNAL RULES 



LJ pan request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
.Affected" and the text of the adopted rule 
will not be republished. 

/\ dopted rules filed by the Departments of 
Correction. Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisiofu ofG.S. I50B, 
.■irticle 2 requiring publication of proposed 
tides. 



TITLE 17 - DEPARTMENT OF REVENUE 



CHAPIFR 6 



INDIMDl Al. 
DIMSION 



INCOME TAX 



SLBCHAPTER 6B - INDIMDL AL INCOME TAX 
SECLION .0300 - PERSONAL EXEMPTION 

.0312 OTHER CONSIDERATIONS 

The status on the last day of the income year 
dctennines the right of the individual to the ex- 
emption with the following exceptions: 

(1) An individual is entitled to the exemptions 
for a husband, wife or dependents who died 
during the year. 

(2) An individual who shall have been divorced 
or separated or who shall have ceased to be 
head of household during the income year 
may claim the same exemption to which he 
or she would have been entitled if the change 
had not occurred, provided the status re- 
mained unchanged for the major ponion of 
the income year. 

Note: A married individual entitled to claim 
a two thousand two hundred dollars 
($2,200) exemption who separated from his 
or her spouse after the major portion of the 
year had passed may for that year claim a 
two thousand two hundred dollars ($2,200) 
exemption although for the next year the 
exemption may be one thousand one hun- 
dred dollars ($1,100). In tliis case, the indi- 
vidual with the larger adjusted gross income 
for the taxable year will be entitled to two 
thousand two hundred dollars ($2,200). 

The last day of the income year for an indi- 
vidual who has died is the date of death; 
therefore, the major portion of the income 
vear for a deceased individual who was di- 



vorced or was a head of household is the 
major portion of the period from the first 
day of the income year to the date of death. 
(3) A taxpayer shall be entitled to claim an ex- 
emption for an indi\'idual who qualified as 
a dependent during the year even though on 
the last day of the year the status was not 
such as to meet the dependency require- 
ments, provided that the support furnished 
constituted over half of his or her support 
for the year. 

A child bom alive at any time during the year 
may be claimed as a dependent even though 
such child lived only a short time. A still- 
born child cannot be claimed as a depend- 
ent. 

History! Sote: Statutory .Authority G.S. 
105- 149(c); 105-262; 
Eff February 1. 1976; 
.Amended Eff February I, 1989; 
\ovember 1, I98S; May 1, 1984; 
March II, 1978. 

SECTION .1700 - EXEMPT INCOME 

.1706 GOVERNMENT OBLIGATIONS 

(a) Interest on bonds, notes, or other obli- 
gations of the United States or its possessions is 
exempt under G.S. I05-141(b)(4) and 31 USCA 
Sec. 702; therefore, interest on bonds, notes, or 
other obligations of possessions such as Puerto 
Rico and the Virgin Islands, is exempt. Interest 
on obhgations of a federal land bank, a federal 
home loan bank, a federal intermediate credit 
bank, Government National .Mortgage Associ- 
ation, (except, interest on Guaranteed .Mortgage 
Certificates and Mortgage Participation Certif- 
icates guaranteed by Government National 
.Mortgage Association is not exempt). Farm 
Home Administration, Export-Import Bank of 
the U.S., Tennessee Valley Authority, and Banks 
for Cooperatives is considered to be interest from 
U.S. obligations and is exempt. Interest on 
bonds, notes, and other obligations of the State 
of North Carolina or any of its political subd- 
ivisions is exempt. 

(b) Interest earned on obligations that are 
merely backed or guaranteed by the United 
States Government or the State of North Caro- 
lina and its political subdi\-isions is taxable. 
Distributions recei\'ed from regulated investment 
companies (including mutual funds) and other 
investment funds are not taxable to the extent the 
distributions are interest on direct obligations of 
the United States Government or the State of 
North Carolina (including its political subd- 
i\isionsj pro\'ided the fund furnished a statement 
of the amount of such interest. 



1002 



NORTH CARD LIN. A REGISTER 



FINAL RULES 



(c) liven though interest on these obligations 
is exempt, any gain realized on the sale or re- 
demption of them is taxable except in cases 
where the exemption of gain is specified by a 
particular law which authorized their issuance. 
Interest on bonds, notes, or other obligations of 
states other than North Carolina, or political su- 
bdivisions of such states, or of countries other 
than the United States and its possessions is tax- 
able income to a North Carolina resident. 

(d) The interest paid to customers in con- 
nection with repurchase agreements issued by 
banks and savings and loan associations does not 
qualify as interest on "obligations of the United 
States"; therefore, such interest is not exempt 
from the North Carolina individual income tax. 
Althougli these "repurchase agreements" speak 
in terms of the purchase by an investor of an 
equitable, undivided fractional interest in the 
federal securities with an agreement to repurchase 
that interest for a specified price plus a stated rate 
of interest, the substance of the transaction is that 
the investors do not actual])' have an ownership 
interest in the government securities and the bank 
or savings and loan has simply borrowed money 
from a lender for a specified term at a stated in- 
terest rate, secured by government securities as 
collateral. The interest to be paid under the re- 
purchase agreement is an obligation of the banks 
and not of the U.S. Government. 

Ilistoiy Note: Slaluton' Authority G.S. 
/05-/4/(bl{4): I05-I4/(al; 105-262; 
Eff. Fcbnmn' I. 1^)7 6: 
Amended Eff. Fcbntary I, /9S9; 
August I, 1986: June I, 1982; 
February 18, 1978. 

SECTION .2200 - TRAVEL EXPENSES 

.2201 GENERAL 

Travel, entertainment, and other business ex- 
penses are allowable deductions to the extent not 
reimbursed and to the extent that they meet the 
requirements of G.S. 105-147(1) and<2). 



History Note: Statutory Authority G.S. 
105-147(1); 105-147(2); 105-262; 
Eff. February I, 1976; 
Amended Eff February 1 , 1989. 

SECTION .3700 - ESTATES AND TRUSTS 

.3704 INCOME TAXABLE TO FIDUCIARIES 

A fiduciary, as defined in G.S. 105-135(4), is 
responsible for determining the reportable in- 
come of an estate or trust for which he acts and 
for the payment of tax imposed upon the estate 
or trust. 

If the income of an estate or trust is for the be- 
nefit of one or more residents of this state, the 
fiduciary is responsible for the payment of tax on 
the undistributed net income of the estate or 
trust. 

If the net income of an estate or trust is for the 
benefit of one or more nonresident individuals, 
the fiduciary is responsible for the payment of tax 
on that portion of the undistributed net income 
of the estate or trust which is derived from an 
established business or from an investment in 
tangible property located rn this state. 

The determination of the amount of undistrib- 
uted income from intangible property which is 
for the benefit of a resident is based on the in- 
come beneficiary's state of residence on the last 
day of the taxable year of the trust. The resi- 
dence of the trustee or remainderman has no ef- 
fect upon the determination of the North 
Carolina income tax liabihty of the trust. In the 
case of both resident and nonresident income 
beneficiaries, the determination of the amount of 
undistributed income from intangible property 
which is for the benefit of a resident is made on 
the basis that the resident beneficiaries' income 
interests for the taxable year relate to the income 
interests of both resident and nonresident income 
beneticiaries for the taxable year. 

History Note: Statutory Authority G.S. 
105-161 (b); 105-262; 
Eff February /, 1976; 
Amended Eff February 1 , 1989. 



NORTH CAROLINA REGISTER 



1003 



NC AC INDEX 



in LK/MAJOR UIMSIONS OF THE NORTH CAROLCSA ADMINISTRATIVE CODE 
THLE DEPARI.MENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 
^ Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
I'^A Transportation, Department of 
20 Treasurer, Department of State 

Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrative Ilearinss, Office of 



+ ■) 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorestcrs, Board of Registration for 

21 Geologists, Board of 

22 I learing ^\id Dealers and Litters Board 
26 Landscape /Vrchitects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Eamily Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifen,' Joint Committee 

34 Mortuarv' Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators. Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 OptomctPi', Board of Ex;unincrs in 



1004 NOR TH CA ROLINA REGIS TER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical I'hcrapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and l^nd Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NORTH CAROLINA REGISTER 1005 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

(April 1988 - March 1989) 



1988 - 1989 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Prrata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - list of Rules Affected 

\I - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSl RATION 

Administrati\e Anahsis Division, 447 PR 
Auxilum- Ser\-ices, 270 PR 
Departmental Rules, 270 PR 
Human Relations Council, 609 PR 
State Construction, 187 PR. 834 PR 



Issue 



1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - September 

524 - 593 12 - September 

594 - 606 13 - October 

607 - 686 14 - October 

687 - 728 15 - November 

729 - 799 16 - November 

800 - 833 17 - December 

834 - 853 18 - December 

854 - 872 19 - January- 

873 - 988 20 - Januarv 

989 - 1009 21 - February 



1006 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



■^'outh Advocacy and Involvement Ofilce, 148 PR 

ADMIMSTRATIVE HEARINGS 

General, 579 PR 

Hearings Division, 76 PR, 581 PR 

Rules Division, 580 PR 

706 Deferral, 843 PR 

ADMIMSTRATIVE ORDER 

Administrative Order, 369 AO, 873 AO 

AGRICULTURE 

Markets, 992 PR 

Food and Drug Protection Division, 271 PR 

N.C. Gasoline and Oil Inspection Board, 689 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair, 451 PR 

Plant Industry, 453 PR, 992 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

Veterinary Division, 993 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 

Departmental Rules, 612 PR 

Milk Commission, 120 PR, 190 PR 

N.C. State Ports Authonty, 731 PR 

Seafood Industrial Park Authonty, 613 PR 

COMMUNITY COLLEGES 

Community Colleges, 287 PR, 557 PR 

CORRECnON 

Division of Pnsons, 490 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol L^w Enforcement, 47 PR 

CULTURAL RESOURCES 

Division of /Vrchives and History, 691 PR 

EDUCATION 

Elementary and Secondary Education, 862 PR 

ELECTIONS 

State Board of Elections, 120 PR 

EXECurrv E orders 

Executive Orders 68-71, 1 FO 

72,119 EO 

73, 146 FO 

74 - 75, 508 EO 

76 - 77, 594 EO 

78, 800 EO 

79 - 81,989 FO 

EESAL DECISION LETTERS 

Votmg Riglits Act, 5 FDL. 26 FDL, 185 FDL, 267 FDL, 295 FDL, 370 FDL, 
401 FDL, 511 FDL, 597 FDL, 608 FDL, 688 FDL, 729 FDL, 801 FDL, 854 FDL, 



NORTH CAROLINA REGISTER 1007 



CUMULA TIVE INDEX 



87^ IDL. 991 I'DL 

GKMRAI. STATLTES 

Chapter 7A. 348 GS 
Chapter 143B. 350 GS 
Chapter 150B. 352 GS 

HUMAN RESOl RCES 

Division of Aging, 229 PR 
Dru2 Commission, 113 FR 

Faciitv Ser\ices. 455 PR. 524 PR, 614 PR, 739 PR 
Health Ser-ices. " PR. 220 PR, 296 PR, 616 PR, 879 PR 
Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 
Mental Health: General, 457 PR, 530 PR, 770 PR 
Mental Health: Hospitals, 459 PR 

Mental Health: Mental Retardation and Substance Abuse Senices, 629 PR, 
890 PR 

Mental Health: Other Programs, 530 PR. 
Office of the Secretar.', 3rPR 
Services for the Blind, 948 PR 

Social Semces Commission, 27 PR, 531 PR, 949 PR 
\'ocational Rehabilitation Services, 371 PR 

rsDEPENDENT AGENCIES 

Aaicultural Finance Authontv, 841 PR 

Housing Finance, 21 PR, 134'PR, 255 PR. 518 PR. 839 PR. 1000 PR 

INSIRANCE 

Agent Senices Division. 238 PR. 636 PR 

Company Operations Division. 4''0 PR 

Consumer Senices. 691 PR 

Ensineerino and Buildma Codes. 7~2 PR 

Fire and Casualtv Division. 32 PR, 461 PR. ""3 PR. 993 PR 

Fire and Rescue Semces Division. 122 PR, 149 PR 

Life: Accident and Health Division. 534 PR 

Special Services Di\'ision. 856 PR 

Support Services Division, 856 PR 

JUSTICE 

Criminal Justice Education and Trainina Standards, 304 PR 
Pnvate Protective Services, 303 PR. S34'PR 

LABOR 

Boiler and Pressure \'essel. 59S PR 

Elevator and .-Vmusement Device Division. 599 PR 

Notice. 607 C 

Office of Occupational Safety and Health. 598 PR 

LICENSING BOARDS 

Cosmetic .Art Examiners. 283 PR, 4-^3 PR 

CPA Examiners, "73 PR. 472 PR. S3~ PR 

Dental Fxammers. 704 PR, 820 PR 

Examiners of Electrical Contractors, 151 PR 

Hearing .Aid Dealers. 77 FR 

Medical Examiners. 838 PR 

Nursing, Board of 376 PR. 4"' PR. "04 PR. 965 PR 

Podiatrv' Examiners. 377 PR 

LIST OF Rl LES AFFECTED 



lOOS yOR TH CAROLISA REGIS TER 



CUMULA TIVE INDEX 



April 1, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
July 1, 1988,335 LRA 
August 1, 1988,496 LRA 
September 1, 1988, 585 LRA 
October 1, 1988, 675 LRA 
November 1, 1988, 790 LRA 
December 1, 1988, 845 LRA 
January 1, 1989, 976 LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR, 703 PR 

Community Assistance, 69 PR, 555 PR, 836 PR 

Departmental Rules, 954 PR 

Division of Economic Opportunity, 556 PR, 778 PR 

Environmental Management, 241 PR, 278 PR, 599 PR, 656 PR, 698 PR, 777 PR 

960 PR 

Forest Resources, 68 PR 
Marine Fisheries, 62 PR 
Soil and Water Consen-'ation, 111 PR 
Wildlife Resources and Water Safety, 1 1 1 PR, 282 PR, 470 PR, 513 PR, 555 PR, 

599 PR, 656 PR, 777 PR, 805 PR, 835 PR, 860 PR, 961 PR, 998 PR 

NOTICE OF PETITION 

Municipal Incorporation, 804 NP 

RE\ENUE 

Departmental Rules, 864 FR 

Individual Income Tax, 710 FR, 825 FR, 864 FR, 1002 FR 

License and Excise Tax, 113 FR 

Motor Fuels Tax, 258 FR 

Sales and Use Taxes, 386 FR, 584 FR, 826 FR 

SECRETARY OF STATE 

Secunties Division, 125 PR, 656 PR 

STATE PERSON7SEL 

State Personnel Commission, 135 PR, 333 PR, 559 PR, 781 PR, 971 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission, 18 PR 
Retirement Systems, 513 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 403 SO 

TRANSPORTATION 

Division of Hisjhwavs, 719 FR 

Division of Motor Vehicles, 172 FR, 258 FR, 720 FR 



IWOR TH CAROLINA REGIS TER 1009 



NOW AVAILABLE 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 52 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription la the full publication including supplements can be 
purchased for se\'en hundred and f'ftv dollars ($750.00). Indh'idual volumes may also be purchased with 
supplement senicc. Renewal subscriptions for .supplements to the initial publication available. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



N'olumc 


Title 


Ciiaptcr 


New 
Subject Subscription* 


Total 
Quantity Price 


1 - 52 


FuU Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 


1 - 37 

1 - 24 

25 - 52 

1 - 4 
1 . -) 

3- 17 
1 . ") 

3-4 

1 - 4 

1-11 

1 - 9 

1 - 4 
1 _ "> 

3 A - 3K 
3L - 3R 

3S-3U 
4-6 

7 

8- 9 

10 r 

11-14 

15 - 17 

18 

19 - 30 

31 - 33 

34 - 41 

42 

43 - 50 

1-15 


All titles 

.Administration 

Agriculture 

Agriculture 

Auditor 

Commerce (includes ABC) 

Commerce 

Corrections 

Corrections 

Council of State 

Cultural Resources 

F,lections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(mcludes CON) 
Human Resources 
Human Resources 
Human Resources 

(includes Breathalizer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 






Continued 



Volume Title 







New 


Chapter 


Subject 


Subscription* 


1 - 12 


Justice 


90.00 


1 - 6 


Labor 


30.00 


7 


OS HA 


45.00 


8- 15 


I^bor 


45.00 


1 - 11 


Crime Control and 






Public Safety 


45.00 


1 - 2 


NRCD (includes EMC) 


90.00 


3- 6 


NRCD 


45.00 


7 


Coastal Management 


45.00 


8- 9 


NRCD 


30.00 


10 


Wildlife 


45.00 


11-22 


NRCD 


60.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 -7 


Secretary' of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17- 37 


Licensing Boards 


75.00 


38- 70 


Licensing Boards 




1 - 2 


Administrative Procedures 


75,00 


1 - 2 


Communitv Colleges 


10.00 


1 - 2 


Independent Agencies 


10.00 


1 


State Personnel 


60.00 


1 -4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



29 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


34 


15 


35 


15 


36 


15 


37 


15 


38 


15 


39 


15 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19A 


45 


20 


46 


21 


47 


21 


48 


21 




22 


49 


23 


50 


24 


51 


25 


52 


26 



Total 



(Make checks payable to Office of Administrative Hearings.) 

* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are January I tlirough December 31. 



>LAIL TO: 



OFEICE OE ADMINISTRATIVE HEARINGS 

POSTOEEICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



99911 JaMBJQ O d 
s3uuB3|{ 3A!)BJ)S!inuipY JO 39yjo 



IHH 
VIS 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the issu 

($105.00)/year subscription) 

Renew North Carolina Register 

Check Enclosed D Please bill me 

;ase make checks payable to Office of Administrative Hearings 

^ME ADDRESS 

TY STATE ZIP 

lONE 



eturn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 11666 
Raleigh, North Carolina 27604 



mi cijiss M 






uc 



f£B-r69 1 ff ^ Oi 




ill 
CNIU. OF NORTH CftRQLlNfl 
hT CHAPEL HILL LIB. 
■■AN -ECK£-«ETTflCH ELBG. OS^ A 
CHAFEl HIlL 



HC 27514